The High Court of Judicature at Patna rejected the applicant's petition for anticipatory bail, refusing the privilege due to the State's submissions regarding recovered evidence and the nature of the case.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15004 of 2023
Arising Out of PS. Case No.-86 Year-2022 Thana- GRIYAK District- Nalanda
======================================================
SHASHI BHUSHAN PRASAD SON OF RAMPAL PRASAD R/O VILLAGE- MAYAPUR, P.S.- KATRISARAI, DISTRICT- NALANDA
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate For the Opposite Party/s : Mr. Rajendra Nath Jha, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
3 26-06-2023
Heard learned counsel for the petitioner and learned A.P.P.
for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 25.02.2022 during course of patrolling he received information that Manoj Kumar @ Mallu alongwith 15-16 accused persons are involved in work of cheating by hacking name, address and order-sheet of public near Government Water Tank, Bhagwanpur. Accordingly, it is alleged that the informant reached the place of occurrence from where Manoj Kumar was arrested and from his possession Aadhar Card and Voter ID Card of different persons alongwith some cash and motorcycle was recovered and he disclosed the name of 13 accused persons who were also involved in the crime.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.15004 of 2023(3) dt.26-06-2023 2/2
petitioner was not arrested from the spot and he came to be implicated based on confessional statement of Manoj in police custody which does not have any evidentiary value.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that based on confessional statement of Manoj, the house of the petitioner was raided from where Passbook, Aadhar Card, Mobile and Order-sheets were recovered.
The learned A.P.P. for the State next submits that it is a case of Cybercrime, it is further submitted had nothing been recovered from the house of the petitioner then definitely the petitioner would have a case for consideration of anticipatory bail.
Considering the submissions made by the learned A.P.P. for the State, the Court is not inclined to extend the privilege of anticipatory bail application to the petitoner.
Thus, the prayer for anticipatory bail application is rejected.
(Satyavrat Verma, J)
Adnan/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail given the nature of the allegations and the recovery of evidence.
SHASHI BHUSHAN PRASAD SON OF RAMPAL PRASAD
The State Of Bihar
SATYAVRAT VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
